Unfair terms and conditions at fitness studios

The year 2020 will soon end and the good resolutions are already in the room again. It’s definitely about sport again: The Swiss regularly plan to do more sport. However, fitness studios often not only support the customer's desire to exercise, but work with unfair terms and conditions into their own pockets.

Many studios as black sheep

Consumer advocates have been taking a closer look at Swiss fitness studios for a long time and know that not all terms and conditions are really legal or good. All too often there are complaints about unfair or customer-unfriendly terms and conditions, as the Foundation for Consumer Protection (SKS) knows.

However, there have been significantly fewer such fitness studios recently, most of them have improved their contractual conditions. But regardless of whether small or large studios, whether those with well-known names or new ones on the market: Many see their own advantage first and put a strain on customers' budget and nerves. Therefore, the following things should be considered when choosing a gym:

    • Contract renews automatically
      Subscription contracts are usually renewed automatically at the end of a contract year. Although this is common, according to the SKS it is not justified if the relevant note is only in the small print of the terms and conditions. Reference should be made explicitly to this form of extension. Good studios at least remind their customers of an upcoming extension, so that sports enthusiasts still have the chance to make use of their right of termination.

    • No termination of the contract in the event of absence
      Anyone who suffers an accident can be excluded from the contract. There are actually studios that do not allow exactly that and maintain the subscription despite a long absence of the customer. However, if you can't train for good reason, you should have the option to terminate the contract. The Well Come Fit fitness center is a negative example here because, according to SKS, it is not possible there to terminate the contract in the event of absence. But the spokeswoman for the gym said that was exactly possible. Apparently, only the terms and conditions are formulated in a misleading manner or they are individual decisions.

    • Liability regulation ambiguous
      Customer-friendly fitness studios should state their liability conditions and clearly state who is responsible for damage in the gym. Fitness centers have to accept liability for damages and cannot reject them in general. A studio that generally excludes liability in its terms and conditions should therefore not be selected as a sports partner. This is very customer-unfriendly behavior. Liability should be accepted even for illegal or grossly negligent behavior.

    • Transfer of subscription not possible
      It is a sensible rule: Your own fitness subscription can be transferred to other people, but this is not possible in all studios. Some fitness studios such as Aura Fitness write in their terms and conditions that the subscription cannot be transferred, but when asked by SKS, they replied that it was possible. Here, too, it seems that decisions are made on a case-by-case basis and not general regulations. Not recommended!

Conclusion: When choosing the gym, pay attention to the terms and conditions

The general rule is: if you are looking for a fitness studio, you should definitely pay attention to the terms and conditions. Don't just let a trainer tell you something, even the enthusiastic look into the studio on your first visit doesn't count. The terms and conditions are the measure of all things and regulate the training options and all legal matters. 

The fitness studio should not exclude any liability, and both the transfer of the subscription and the termination of the contract in the event of a longer absence should be possible. In general, it is important that the terms and conditions are customer-friendly and not primarily designed for the benefit of the fitness center. For this, however, a detailed check is necessary in advance.

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